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Toska v. Iannacone

United States District Court, D. New Jersey, Camden Vicinage

February 27, 2018

AMDIJE TOSKA, Plaintiff,
v.
OFFICER JOSEPH IANNACONE, NJT, NJTPD, NJT CORP., Defendants.

          OPINION, [Dkt., 90]

          RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.

         THIS MATTER comes before the Court upon the Motion to Dismiss filed by defendants New Jersey Transit, Officer Joseph Iannacone, and the New Jersey Transit Police Department (collectively, the “Defendants”). For the reasons set forth herein, the Motion is Granted, in part, and Denied, in part. The procedural history of this case is protracted and complicated, to say the least. It is accurately set forth in Defendants' moving papers and set forth herein.

         On February 7, 2014, Plaintiff filed a civil complaint against the Defendants, State Police, N.J. Transit, and Joseph Iannacone in the Superior Court of New Jersey, Law Division, Atlantic County under docket number ATL-L-586-14. [Docket No. 1-3, at 2]. On April 8, 2014, Defendant N.J. Transit filed a motion for a more definite statement pursuant to N.J. Ct. R. 4:6-4. [Docket No. 1-5, at 2].

         On May 19, 2014, Plaintiff filed an amended complaint against N.J. Transit and Joseph Iannacone in the Superior Court of New Jersey, Law Division, Atlantic County under docket number ATL-L-586-14 alleging violations of N.J. Stat. Ann. § 2C:33-4, N.J. Stat. Ann. § 10:5-12, N.J. Stat. Ann. § 2C:12-1, and 42 U.S.C. § 1983. [Docket No. 1-11, at 2-3]. On May 28, 2014, Defendants N.J. Transit and Iannacone filed a notice of removal removing this matter to the United States District Court for the District of New Jersey. [ Docket No. 1, at 1]. On June 18, 2014, Defendants moved to dismiss Plaintiff's first amended complaint pursuant to Fed.R.Civ.P. 12(b)(6). [Docket. No. 6, at 1-2].

         On February 11, 2015, this Court dismissed Counts I and II of Plaintiff's first amended complaint, granted Plaintiff leave to file a second amended complaint within twenty days, and dismissed Defendants' motion to dismiss as moot. Fed.R.Civ.P. 12(b)(6). [Docket No. 12, at 1-3].

         On April 7, 2015, this Court closed this action due to Plaintiff's failure to comply with L. Civ. R. 10.1(a). [Docket. No. 15, at 1-2].

         On August 25, 2015, Plaintiff filed a second amended complaint. [Docket. No. 18, at 1]. On September 4, 2015, Defendants N.J. Transit and Iannacone filed an application for a clerk's extension. [Docket. No. 20, at 1-2]. On September 8, 2015, Defendants N.J. Transit and Iannacone's application was granted, and this matter was re-opened. [Docket. No. 21, at 2].

         On September 21, 2015, Defendants moved to dismiss Plaintiff's second amended complaint pursuant to Fed.R.Civ.P. 12(b)(6). [Docket. No. 22, at 1-2]. On September 29, 2015, Plaintiff filed a motion for summary judgment. [Docket. No. 23]. On October 8, 2015, Plaintiff filed a motion for discovery. [Docket No. 26].

         On November 5, 2015, the Court dismissed Plaintiff's motion for summary judgment as procedurally and substantively deficient. [Docket. No. 32]. On November 10, 2015, Plaintiff filed a document which the Court construed as a supplement to Plaintiff's previously filed pleadings and instructed Defendants that they could file supplemental briefing in support of their motion to dismiss. [Docket. Nos. 33, 35].

         On December 21, 2015, the Court held an in person status conference and Plaintiff sent the Court a letter asking that her entire case be dismissed. [Docket Nos. 46-47]. The Court, therefore, dismissed the case without prejudice on December 23, 2015. [Docket. No. 47].

         Plaintiff sent the Court several letters regarding the status of the case over the next year and several months [Docket. Nos. 48-52]. On April 10, 2017, the Court directed the Defendants to respond to Plaintiff's letters as a motion for relief under Fed.R.Civ.P. 60. [Docket. No. 53]. The Defendants complied with the Court's Order on May 1, 2017. [Docket. No. 58].

         On May 31, 2017, the Court held oral argument on Plaintiff's letters seeking re-instatement of the case and a status conference. [Docket. Nos. 69-70].

         On June 1, 2017, the Court entered an Order granting Plaintiff relief from the dismissal of her case pursuant to Fed.R.Civ.P. 60. The Court directed Plaintiff to file a one-page pleading setting forth her claims in this case as well as the specific facts that support those claims. The Court also denied the Defendants' pending motion to dismiss in lieu of answer without prejudice as moot given the anticipated filing of an amended pleading by Plaintiff. [Docket. No. 72].

         On June 5, 2017, Plaintiff filed an amended pleading pursuant to the Court's June 1, 2017 Order. [Docket. No. 73]. The pleading is docketed as Docket No. 73, although the Court ...


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